ROSELAND — Smitty's Supply, Inc. announced Tuesday that it filed a lawsuit against two other companies for selling and installing faulty equipment, which Smitty's says led to the late-August series of explosions that has devastated the Roseland community.

Smitty's said it has sued Fulton Boiler Works, Inc. and J&M Boiler Combustion Control Services, Inc., in a press release sent out Tuesday afternoon. Smitty's accused Fulton of selling them a "defective" thermal fluid heater in 2021 and J&M of negligently installing and maintaining it. 

"At all relevant times, the Fulton Thermal Fluid Heater at Smitty’s was being used in an intended and/or foreseeable manner when the fire occurred," Smitty's attorney, Matthew Sherman, said. "Furthermore, Smitty’s in no way caused nor contributed to the fire, and Smitty’s regularly inspected and serviced the Fulton Thermal Fluid Heater. Smitty’s neither misused nor materially altered the Fulton Thermal Fluid Heater." 

According to Smitty's, that heater is what caused the explosions that impacted homes and waterways in Roseland and covered the surrounding area with ash, soot, oily residue and other waste.

In the lawsuit, Smitty's is seeking damages for property damage, a complete loss of on-site inventory, loss of income and profits, reputational damage, clean-up and restoration damage and more.  

Smitty's thanked the Roseland community that has "rallied behind us during these difficult weeks." The company ended the release by saying it has every intention of being a part of Roseland in the future. 

The full lawsuit can be read here.